Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698929162909.pdf (Micronesia, Federated States of)
TWENTIETH CONGRESS OF THE FEDERATED STATES OF MICRONESIA SECOND SPECIAL SESSION, 2017 C.B.

NO.

20-100 A BILL FOR AN ACT To further amend title 55 of the Code of the Federated States of Micronesia (Annotated), as amended, by adding new sections 1613 through 1619 to establish the Health Revolving Fund, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.
Title 55 of the Code of the Federated States of 2 Micronesia (Annotated), as amended, is hereby further amended by 3 adding a new section 1613 to establish the Health Revolving Fund, 4 to read as follows: “Section 1613.

Establishment of a Health Revolving Fund.


There is hereby established a Health Revolving Fund, referred to in this subchapter as the “Fund”, separate from the General Fund of the Federated States of Micronesia and all other funds, and consisting of sub- funds for each of the following department of the National Government of the Federated States of Micronesia: (1) the Department of Finance and Administration; and (2) the Department of Health and Social Affairs Section 2.
Tittle 55 of the Code of the Federated States of 17 Micronesia (Annotated), as amended, is hereby further amended to 18 adding a new section 1614, to read as follows: CBL 20-106 C.B.

NO.

20-100 “Section 1614.

Definitions.

(1) “Non-communicable diseases” (also known as chronic disease) means diseases or conditions which are to passed from person to person.
The four main causes of death and illness from Non-Communicable Diseases are: (a) Cardiovascular disease including heart attacks, stroke, and other heart and blood vessel diseases; (b) Cancer including neoplasms; (c) Diabetes which is a major contributing factor to deaths from heart, circulatory, and kidney failure; and (d) Chronic respiratory disease including Chronic Obstructive Pulmonary Disease, asthma, emphysema and chronic bronchitis.

Section 3.
Section 3.

Tittle 55 of the Code of the Federated Sates of 17 Micronesia (Annotated), as amended, is hereby further amended by 18 adding a new section 1615, to read as follows: Section 1615.

Purpose.

The purpose of the Fund is to provide reliable funding for the prevention and control of non-communicable diseases and the protection of public health.

Section 4.
Section 4.

Tittle 55 of the Code of the Federated States of 24 Micronesia (Annotated), as amended, is hereby further amended by 25 adding a new section 1616, to read as follows: 2 of 7 C.B.

NO.

20-100 Section 1616.

Deposits.


Payments received pursuant to title 54, section 805 and any other payments received shall be deposited into the Fund of which: (1) 20% will be deposited into the sub-fund of the Department of Finance and Administration; and (2) 80% will be deposited into the sub-fund of the Department of Health and Social Affairs.

Section 5.
Section 5.

Tittle 55 of the Code of the Federated States of 10 Micronesia (Annotated), as amended, is hereby further amended by 11 adding a new section 1617, to read as follows: Section 1617.

Disbursements.
(1) The Secretary of the Department of Finance and Administration is hereby authorized to make disbursements of moneys available in the sub-fund allocated to that department, without further authorization or appropriation by the Congress of the Federated States of Micronesia, for the following and no other purposes: (a) providing the resources, including personnel, equipment and systems required for the collection of import duties imposed under subsection 221(1), (2), (3), (5), (6), and (8); and (b) developing appropriate systems of surveillance and enforcement, including through 3 of 7 C.B.
NO.

20-100 implementation of a stamping system for imported products, to minimize illicit or unlawful importation of products and avoidance of the import duties under section 221, and (c) prosecution and enforcement of penalties for smuggling, illicit trade and non-payment or underpayment of duties under section 221.
(2) The Secretary of the Department of Health and Social Affairs is hereby authorized to make disbursements of moneys available in the Fund or in the sub-fund allocated to that department, without further authorization or appropriation by the Congress of the Federated States of Micronesia, for the following and no other purposes: (a) Health promotion activities, in particular in relation to prevention of non-communicable diseases, for which funding may be allocated utilizing up to 30% of the collected revenue in the sub-fund; (b) Payment of health care costs, or subscription costs, of citizens of the Federated States of Micronesia who are not working and are at least 60 years of age or are disabled, for which funding may be allocated utilizing up to 30% of the collected revenue in the sub-fund; (c) Health scholarship purposes, the recipients 4 of 7 C.B.
NO.

20-100 of which will be determined by the Secretary of the Department of Health and Social Affairs in his/her discretion, for which funding may be allocated utilizing up to 20% of the collected revenue in the sub-fund; and (d) Non-communicable disease control (inclusive of tobacco control) and coordination mechanisms for the Federated States of Micronesia, for which funding may be allocated utilizing up to 20% of the collected revenue in the sub-fund.
(3) moneys in the Fund shall not revert to the General Fund or any other fund, nor lapse at the end of the fiscal year.

Section 6.

Tittle 55 of the Code of the Federated States of 14 Mcironesia (Annotated), as amended, is hereby further amended by 15 adding a new section 1618, to read as follows: Section 1618.

Authorized uses of the sub-funds.


(1) Each sub-fund established pursuant to section 1613 of this subchapter may be utilized as a source of funding for the purpose for which that sub-fund was established and to make disbursements in accordance with section 1617.

(2) The funds shall not be utilized for any other purpose.

(3) The Public Auditor may review the administration of the Fund and use and disbursements from sub-funds 5 of 7 C.B.

NO.
NO.

20-100 1 2 3 such intervals as the Public Auditor considers necessary.

Section 7.

Tittle 55 of the Code of the Federated States of 4 Micronesia (Annotated), as amended, is hereby further amended by 5 adding a new section 1619, to read as follows: Section 1619.

Administration.
Administration.

(1) The Fund shall be administered by the Secretary of the Department of Health and Social Affairs, or his/his designee, who shall establish any required Regulations or procedures necessary and appropriate for the effectuation and implementation of the provisions of this subchapter without the requirement for further authorization by the Congress of the Federated States of Micronesia.
(2) In recognition that cooperation between all sectors of government and civil society and coordinating strategies across all sectors is key to efficient use of resources and to preventing and controlling non- communicable disease and protecting public health, in allocating funding under section 1617(a) and (d), the Secretary of the Department of Health and Social Affairs or his/her delegate must consult with nominated representatives of the following: (a) the FSM Tobacco Control Council; (b) the FSM Cancer Steering Society; 6 of 7 C.B.
NO.
20-100 (c) the Secretary of the Department of Resources and Development; (d) the Secretary of the Department of Finance and Administration; (e) the Secretary of the Department of Education; (f) the Secretary of the Department of Transportation, Communication and Infrastructure; and (g) civil society groups and NGO’s, where any of the above entities have an interest or expertise is an area for which funding is under consideration and provided that each representative has declared that he/she, and the entity he/she represents have no conflict of interest in any such allocation of funding.
(3) If a National Non-Communicable Disease Coordination Committee or equivalent is established for the Federated States of Micronesia which includes the Secretary of the Department of Health and Social Affairs (or his/her delegate) as a member, that Committee shall take over administration of the activities and associated funding in section 1617 (2)(d), only the additional increased in percentage of import taxes collected pursuant to subsections (1), (2), (3), (5), (6) and (8) of section 221 of title 54 shall be 7 of 7 C.B.
NO.

20-100 deposited in the Health Revolving Fund account and shall be administered by the Secretary of the Department of Health and Social Affairs (DHSA).

Seventy percent of the collected revenue specified above shall be used for health promotion activities, twenty five percent shall be used for health scholarship purposes, and the remaining five percent shall be used for the NCD tobacco control and coordination mechanisms.

Section 8.
Section 8.

This act shall become law upon approval by the 10 President of the Federated States of Micronesia or upon its 11 becoming law without such approval.

12 13 Date: 10/30/17 Introduced by: /s/ Florencio S. Harper Florencio S. Harper (by request) 8 of 7